civus
Hearing video

ZBA Hearing - March 5, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Mar 5, 20258h 36m

Okay, I saw it.

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Yeah.

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Chase, do we think she's having a hard time getting on?

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Mr. Goldberg, you're an officer of the court,

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We'll gladly accept your testimony, okay?

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Thank you.

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Questions from the board?

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Are there current rental licenses for the existing tenants?

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There are not, no.

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And part of the next steps would be for us to get a CO and a rental license for two units.

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And then when was the last time the units had any construction updates, given the tenants have been there for so long?

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I don't know the exact date.

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they're relatively modern just going back to the renovation photo or the other photos the unit

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photos these are the condition of the property that she she took it in um it's not exactly you

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know modern by today's standards um but you know relatively somewhat recently redone

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and when did she purchase this property i'm sure uh the property was passed to her from her father

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in 2022. And these gentlemen had been in there for how many years? So one of them had been in

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there for a year. He's been in there for four total. So three of those years have been under

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Donna Ray and the other tenants been in there for 10 years. So that individual was, you know,

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long exceeded, you know, her acquisition of the property from her father. So they were like

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holdover tenants but well it's a family property so i don't think they were hold over in the sense

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that they were asked to leave and didn't um but that they remained in the property um as the

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property went from don from donna ray's father to her and i don't think she has any issue with that

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and she they're good tenants so she'd like to keep them in there yeah but without rental license

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correct yes okay all right thank you for the questions from the board

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questions from our attorney hillary emerson not at this time mr chair questions or comments

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from the virtual audience i do not see any further answer mr chair planning commission

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thank you chairman and good afternoon david fecto with the city planning commission

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Chairman and board members, the comprehensive plan recommends no change to the RSA-5, residential single-family zoning at this location.

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The city rezoned this neighborhood in 2017, and a community requested map change.

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This appears to be a long-term non-conforming duplex.

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The city planning commission recommends the board grant the proposed use variance for two dwelling units.

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Thank you. MI 2024-007-280-2538 East Ontario Street. I vote yes.

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So Gaston, my vote is yes.

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We're fine. Thank you.

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Okay.

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Tanetta Graham, my vote is yes.

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Tywin, my vote is yes.

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Thank you, Kel.

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Thank you.

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Thank you. If you can hear me.

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We can. Thank you very much.

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Number 11, MI 2024, 006-985-4182-90, City Line Avenue.

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Frederick Poindexter is the attorney.

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You got that, sir.

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could you please state your name and spell for the court stenographer

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sure it's frederick poindexter f-r-e-d-e-r-i-c-k last name p-o-i-n-d-e-x-t-e-r do you swear or affirm

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to tell the truth the whole truth and nothing but the truth i do could you identify your client

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the relationship to this property yes my client is philadelphia urgent care management inc

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They are the tenant in this property operating as Vive Urgent Care.

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they are the tenant in this property operating as Vive Urgent Care.

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Excuse me, this is-

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Excuse me, this is the court reporter.

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Could I ask the witness to please get just a little closer to the microphone?

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Thank you.

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Any better?

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Yeah, it's better.

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Why don't you say that one more time to what you just said?

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Sure.

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I am the attorney for Philadelphia Urgent Care Management, Inc., and they are operating in the space as tenant as Vive Urgent Care.

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All right.

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Do you waive the reading of the refusal, and do you agree with its accuracy?

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Yes, I do.

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Why don't you share your screen and start your presentation?

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Thank you.

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All right.

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Thank you.

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as mentioned i am here representing philadelphia urgent care management inc operating as five

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urgent care uh this is an application for variance at 4182 90 city avenue and i will walk through

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the index of the exhibits that we submitted to the zba and would ask that they be entered into

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the record at the conclusion of the testimony first is the lease agreement for the space

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or the excerpt of the lease, I should say.

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The tax clearance, the original documentation

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from the zoning application, the project information form.

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Here's an aerial of the site.

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This sort of jutting out here

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is where the signage proposal is located.

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We'll get into detail of that later on in the presentation.

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There are evidence of the zoning postings on each of the windows that are fronting

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King's Grant Drive and City Avenue.

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And in this picture, you can actually see the space where we are proposing the signage.

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And the remainder of the materials are here before I walk through the pictures, the refusal,

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the notices, the appeal, and the notices to the RCO.

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I've got to get closer to the mic.

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I think you're starting to drift away.

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It's just mics are a little sensitive.

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Sure.

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These are the notice letters to the RCO for both looking to schedule the meeting and actually

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having a meeting scheduled.

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And the original packet I should mention did not have the RCO meeting summary and letters

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of support.

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We submitted those once we received them.

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I think it was Monday.

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So I will scroll back up to the pictures of the site just so that you get an idea of the

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proposal here.

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And this is essentially a visibility issue that we're trying to solve for.

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As you can see from the vantage point here coming out of the driveway looking towards

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City Ave and King's Grant, there's a blank face on the side of the building and there's

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no identification of the tenant in that space from this direction.

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There is an existing sign that you can see on City Avenue once you're further east, but you can see the obstructed views coming from the west on City Avenue that you're unable to see the signage that the tenant currently has in place.

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And I'll give you the plans here.

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So the current signage here on the left you can see is fronting City Avenue, but you can

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see it coming from King's Grant Drive.

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The blank space that was exhibited in the previous pictures is where the proposed signage

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is slated for.

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It's an identical sign.

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The square footage, the illumination, the materials are all the same as the existing

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sign.

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you can see here in the original site plan that uh the proposal is just for the space

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on the corner of king's grant and city f

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and at this juncture i'd like to invite the president and ceo of fiber urgent care peter

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host to join sure

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counselor did you attend the rco meetings i did why don't you give us a little overview of the

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rco meeting sure sure so i attended the rco meeting uh there was one rco meeting with

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the coordinating rco winfield height civic association or community association now and

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i attended that meeting with brian gould the vp of marketing and patient experience

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at Vibe. We had the meeting for, I want to say, 30 to 40 minutes or so. We talked about the plans.

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I showed them the exact plans and elevations that we have here today. And we addressed their

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And we addressed their concerns related to lighting, placement, durability, and we did not hear any complaints during the call.

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concerns related to lighting, placement.

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And in the meeting summary, you could see that they provided their support.

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We also have a letter of support from the City of Special Services District, which we got later after we submitted our materials.

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Why don't we bring your client on?

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Can we see him?

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if you are in a virtual audience please raise your virtual hand

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we have a fred point dexter with your hand raise is that them

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i'm fred point dexter was peter holtz that we were looking for

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personally fred point dexter is the only one with the virtual hand raise

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there's two of you okay yeah so it it is him signing undermining you okay sir what's his name

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peter hoats they have not allowed to speak please unmute yourself

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hi sir could you please state your name and spell for the court stenographer

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yes it's peter p-e-t-e-r last name is hoats h-o-t-z do you swear or firm to tell the truth

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the whole truth nothing but the truth i do please proceed counsel thank you uh peter were you

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present for my testimony throughout and did you hear all of it yes i did all right and would you

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accept it as your own is true and accurate yes i do is there anything else that you would like to

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add to the testimony yeah i think the you you called out the the issue we have with the visibility

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of the site we we opened our locations to provide care to people that can't get care otherwise and

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in that neighborhood we we serve a lot of patients that are driving down city ave and

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we've gotten complaints from them that they drive by the site without seeing it and so

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we think it's important that we just put this signage up and really it's as much a safety

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issue as anything else so people can see it and and pull in in time so we operate 10 centers in

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the city. We've been good long-term tenants at all of our locations and hope that we can continue

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to improve this location's visibility so we can continue to serve patients there.

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How long have you been a tenant in this space?

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We opened there in 2021.

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And can you describe your existing internal signage and when it was installed?

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The signage that you showed on the outside of the building was installed

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Right before we opened our operations, we used the same signage company throughout all of our locations, and we take a lot of pride in our buildings, so we try to install signage that's tasteful and durable.

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And have you heard any complaints or issues regarding the durability of the signage?

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No, we haven't.

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Thank you, Peter.

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Thank you. Questions from the board?

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it says internal internally illuminated so we're not talking very this would be mainly

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at night when you would see this correct okay yeah all right yeah there's small light bulbs

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on the inside to apply it for visibility other questions from the board how late is the urgent

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care open we're open eight to eight monday through friday and eight to five on the weekends

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and is the sign illuminated when the business is closed yes it is they typically stay lit

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through the night okay questions or comments from our attorney hillary emerson just to clarify for

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the um on the lease what is the the lease term for the property it's a 10-year lease the 10-year

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okay and it started in 2021 started in 2022 i believe i'm happy to share a copy i know that we

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yeah no i i yeah no i understand i just wanted to verify the the term so thank you so much

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questions or comments from the audience or the virtual audience

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i do not see any further answer mr chair planning commission

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thank you chairman and good afternoon david fechto with the city planning commission

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chairman and board members the comprehensive plan recommends a change in zoning at this location

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from cmx to commercial mixed use to spins special purpose institutional the proposed additional wall

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sign is in keeping with the character of the philadelphia college of osteopathic medicines

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campus and other large properties on city avenue the city planning commission recommends the board

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grant proposed variants for an additional wall sign thank you council is there a specific suite

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you're in, or are we just going to have that location? Didn't you put that on there, Helen?

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Yeah, no, I did make that note, but because this is only referring to the signage,

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I don't think we need to specify. Thank you. MI 2024-006.

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I don't think we need to. Thank you. MI 2024-006-985-4182-90 City Avenue, I vote yes.

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Cheryl Gaston, my vote is yes. Tannetta Graham, my vote is yes.

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Iowyn, my vote is yes. Thank you, Counsel.

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Number 14, MI 2024-007-236-5440 Lansdale Avenue, Brett Feldman is the attorney.

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Okay, let's be coming back in as a panel shortly.

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Thank you.

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setting up here. Could you please state your name and spell for the court

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sonographer? Yes.

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Is that a one?

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Very good now. Okay. Good afternoon, Mr. Chairman,

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members of the board, Brett Feldman, 1835 Market Street, Philadelphia, Pennsylvania,

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19103. I represent the applicant and the property

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owner, Tain. Do you swear or affirm to tell the truth, the whole truth,

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nothing but the truth? I do. Could you identify your client, the relationship to the property?

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Yes. Attain, they are owner of the property and the applicant in this matter. Do you agree to

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the waiving of the reading of the refusal and do you agree with its accuracy? I do.

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And I understand that you have a letter of support from Hestonville Civic Association

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and a letter of support from Councilman Jones.

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Yes, we do.

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Could you please share your screen and start your presentation?

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Okay.

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I think the screen, I think we're sharing right now.

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And so I'll start right now.

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Again, Brett Feldman, I represent ATTAIN.

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ATTAIN is a national and local operator of centers

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that provide therapy and counseling for those with autism

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and those on the autism spectrum.

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And with me today is Fernando Vinagre,

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